2 21.06.2021 The Matter Is Taken Up ... vs The Petitioner Has Filed This Writ ...
2021 Latest Caselaw 6396 Ori

                            W.P. (C) No. 17806 of 2021




2   21.06.2021         The      matter    is    taken     up    through     video
                 conferencing mode.
                       Heard Mr. N.S. Panda, learned counsel for the
                 petitioners.
                       The petitioner has filed this writ petition seeking
                 direction to the opposite parties to modify the order
                 impugned       dated    17.01.2015       in    Annexure-5    by
                 granting him Grade Pay of Rs.5400/- instead of
                 Rs.4800/- at the state of 2nd Financial up-gradation
                 under RACPS on completion of 20 years of continuous
                 service with all other consequential service and
                 financial benefits. He further seeks direction to the
                 opposite    parties     to    refix    his    subsequent    pay
                 incorporating the modified Grade Pay of Rs.5400/-
                 and draw and disbursement of arrear dues incurred
                 out of such re-fixation within a stipulated time.
                       In course of hearing, Mr. N.S. Panda, learned
                 counsel for the petitioner states that the petitioner
                 may be permitted to move a fresh representation
                 highlighting his grievances before the authority so
                 that the same can be considered in the light of the
                 ratio decided by this Court in State of Odisha v.
                 Bihari Lal (W.P.(C) No.2831 of 2016 disposed of on
                 27.06.2006).
                       Considering the limited nature of grievance of
                 the petitioner, this Court directs the petitioner to file a
                 fresh representation within a period of fifteen days
        from today ventilating his grievances before the
       authority. In the event the petitioner files such
       representation along with the judgment passed by
       this Court in Bihari Lal (supra), the authority shall
       consider and pass appropriate order taking into
       consideration the ratio decided in Bihari Lal (supra)
       within a period of two months thereafter.
             With the aforesaid observation and direction,
       the writ petition is disposed of.
               As the restrictions due to resurgence of
       COVID-19 situation are continuing, learned counsel
       for the parties may utilize a print out of the order
       available in the High Court's website, at par with
       certified copy, subject to attestation by the concerned
       advocate, in the manner prescribed, vide Court's
       Notice No.4587 dated 25th March, 2020, as modified
       by Court's notice no. 4798 dated 15th April, 2021.




                                      Dr. B.R. Sarangi,J.

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